Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 19829 

DATES: Any comments on this proposal 

must arrive by May 21, 2007. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0197, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, EPA Region IX, (415) 947–

4126, rose.julie@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the provisions in the 

following table: 

SUBMITTED PROVISIONS

NAC No. NAC title Adopted Submitted 

445B.134 ............................................ ‘‘Person’’ defined ............................................................................................ 09/06/06 12/08/06 

445B.230 ............................................ Plan for reduction of emissions ...................................................................... 09/06/06 12/08/06 

445B.258 ............................................ Monitoring systems: Verification of operational status ................................... 09/06/06 12/08/06 

445B.259 ............................................ Monitoring systems: Performance evaluations ............................................... 09/06/06 12/08/06 

445B.260 ............................................ Monitoring systems: Components contracted for before September 11, 

1974.

09/06/06 12/08/06 

In the Rules and Regulations section 

of this Federal Register, we are 

approving these provisions in a direct 

final action without prior proposal 

because we believe these SIP revisions 

are not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: April 4, 2007. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E7–7548 Filed 4–19–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0609; FRL–8302–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; NSR Reform Regulations, 

Rule AM–06–04 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

certain revisions to Wisconsin’s 

prevention of significant deterioration 

(PSD) and non-attainment new source 

review (NSR) construction permit 

programs submitted on May 25, 2006. 

On December 31, 2002, EPA published 

revisions to the federal PSD and nonattainment NSR regulations. These 

revisions are commonly referred to as 

‘‘NSR Reform’’ regulations, which 

became effective on March 3, 2003. 

These regulatory revisions include 

provisions for determining baseline 

actual emissions, provisions for 

promulgating actual-to-future actual 

methodology, provisions for 

establishing Plantwide Applicability 

Limits (PALs), provisions for using the 

Clean Unit test, and, provisions for 

using Pollution Control Projects (PCP). 

On June 24, 2005, the United States 

Court of Appeals for the District of 

Columbia Circuit (DC Circuit Court) 

issued its ruling on challenges to the 

December 2002 NSR reform revisions. 

Although the Court upheld most of 

EPA’s rules, it vacated both the Clean 

Unit and the PCP provisions. In 

addition, the Court remanded to EPA 

the provision that requires 

recordkeeping and reporting for sources 

that elect to use the actual-to-projected 

actual emission test only where there is 

a reasonable possibility that a project 

may result in a significant net emissions 

increase. EPA is currently working on 

promulgating a rule that will clarify the 

reasonable possibility provision. EPA’s 

final decision with regard to the remand 

may require Wisconsin to revise this 

portion of its rules to be consistent with 

EPA’s definition of reasonable 

possibility. The Wisconsin Department 

of Natural Resources (WDNR) is seeking 

approval of rule AM–06–04 to 

implement the NSR Reform provisions 

that have not been vacated by the June 

24, 2005, DC Circuit Court decision. 

This action affects major stationary 

sources in Wisconsin that are subject to 

or potentially subject to the PSD, and 

non-attainment NSR construction 

permit programs. 

DATES: Comments must be received on 

or before May 21, 2007. 


cprice-sewell on PRODPC61 with PROPOSALS
19830 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0609, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: blakley.pamela@epa.gov. 

• Fax: (312)886–5824. 

• Mail: Pamela Blakley, Chief, Air 

Permits Section, Air Programs Branch, 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: Pamela Blakley, 

Chief, Air Permits Section, Air Programs 

Branch, (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2006–

0609. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional instructions 

on submitting comments, go to Section 

I of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. We 

recommend that you telephone Danny 

Marcus, Environmental Engineer, at 

(312) 353–8781 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Danny Marcus, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8781, 

marcus.danny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Is Being Addressed in This 

Document? 

III. What Are the Changes That EPA Is 

Proposing To Approve? 

IV. What Action Is EPA Taking Today? 

V. Statutory and Executive Order Reviews 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Is Being Addressed in This 

Document? 

We are proposing to approve rule 

AM–06–04 as a revision to the PSD and 

non-attainment NSR construction 

permit programs for the State of 

Wisconsin. EPA granted full approval to 

Wisconsin’s non-attainment NSR 

program on January 18, 1995 (60 FR 

3538) and the approval became effective 

on February 17, 1995. EPA granted final 

full approval to Wisconsin’s PSD 

program on May 27, 1999 (64 FR 28745), 

which became effective on June 28, 

1999. 

On December 31, 2002, EPA 

published revisions to the federal PSD 

and non-attainment NSR regulations in 

40 CFR Parts 51 and 52 (67 FR 80186). 

These revisions are commonly referred 

to as ‘‘NSR Reform’’ regulations and 

became effective on March 3, 2003. 

These regulatory revisions included 

provisions for determining baseline 

actual emissions, provisions for 

promulgating actual-to-future actual 

methodology, provisions for 

establishing Plantwide Applicability 

Limits (PALs), provisions for using the 

Clean Unit test, and, provisions for 

using Pollution Control Projects (PCP). 

As stated in the December 31, 2002, 

EPA rulemaking, state and local 

permitting agencies must adopt and 

submit revisions to their part 51 

permitting programs implementing the 

minimum program elements of that 

rulemaking no later than January 2, 

2006 (67 FR 80240). With this submittal, 

Wisconsin requests approval of program 

revisions that satisfy this requirement. 

WDNR originally prepared rule 

changes to adopt a version of the federal 

rule revisions which were subsequently 

authorized by the Wisconsin Natural 

Resources Board for public hearing in 

December 2003. After the DC Circuit 

Court ruled on the challenges of the 

federal NSR changes, WDNR moved 

forward to adopt those portions of the 

reform rules that the Court upheld and 

clarify those portions that the Court 

remanded back to EPA. WDNR 

submitted these regulatory revisions on 

May 22, 2006. 


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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 19831 

III. What Are the Changes That EPA Is 

Proposing To Approve? 

Chapter NR 405—PSD rules 

Section 1 

NR 405.01(1) and (2) 

WDNR has amended the language for 

‘‘applicability’’ and ‘‘purpose’’ to be 

more consistent with the language of the 

federal rule in § 51.166(a)(7)(i) and (ii), 

respectively, of the federal rule. 

Section 2 

NR 405.02(1)(Intro) and (a) to (c) 

WDNR has amended the definition of 

‘‘actual emissions’’ so that it is more 

consistent with § 51.166(b)(21)(i) of the 

federal rule. 

Section 3 

NR 405.02(1)(d) 

WDNR has rescinded section NR 

405.02(1)(d), which is the portion of the 

definition of ‘‘actual emissions’’ that 

discussed actual emissions from electric 

utility steam generating units. The new 

provision under the definition of 

‘‘Baseline actual emissions’’, under 

section NR 405.02(2m)(b) addresses the 

average rate of emissions per year from 

existing electric utility steam generating 

units. This is consistent with 

§ 51.166(b)(47)(i) of the federal rule. 

Section 4 

NR 405.02(2m) 

WDNR has established the definition 

of ‘‘baseline actual emissions’’. This is 

consistent with the definition in 

§ 51.166(b)(47) of the federal rule. 

Section 5 

NR 405.02(8) and (11) 

WDNR has amended the definition of 

‘‘Building, structure, facility, or 

installation’’ to reflect its use of the 

phrase ‘‘regulated NSR contaminant’’ to 

replace ‘‘air contaminant.’’ WDNR has 

amended the definition of 

‘‘construction’’ so that it is more 

consistent with the definition in 

§ 51.166(b)(8) of the federal rule. 

Section 6 

NR 405.02(11c), (11e) and (11j) 

WDNR has established the definitions 

of; ‘‘Continuous emissions monitoring 

system’’ (CEMS), ‘‘Continuous 

emissions rate monitoring system’’

(CERMS), and ‘‘Continuous parameter 

monitoring system’’ (CPMS). These 

definitions are consistent with 

§ 51.166(b)(43), (46) and (45), 

respectively, of the federal rule. 

Section 7 

NR 405.02(12) 

WDNR has established the definition 

of ‘‘emissions unit’’. This is consistent 

with the definition in § 51.166(b)(7) of 

the federal rule. 

Section 8 

NR 405.02(20m) 

WDNR has established the definition 

of ‘‘Lowest Achievable Emission Rate’’

or ‘‘LAER’’. This is consistent with the 

definition in § 51.166(b)(52) of the 

federal rule. 

Section 9 

NR 405.02(21) and (24) 

WDNR has modified the definitions of 

‘‘Major modification’’ and ‘‘Net 

emissions increase’’ to be more 

consistent with § 51.166(b)(2) and (b)(3), 

respectively, of the federal rule. WDNR 

has also added the language for ‘‘routine 

maintenance, repair, and replacement’’

under section NR 405.02(21), which 

makes the rule more consistent with 

§ 51.166(b)(2)(iii) of the federal rule. 

Section 10 

NR 405.02(24j) 

WDNR has established the definition 

of ‘‘Plant-wide applicability limitation’’

or ‘‘PAL’’. This is consistent with the 

definition in § 51.166(w)(2)(v) of the 

federal rule. 

Section 11 

NR 405.02(24m) 

WDNR has rescinded section NR 

405.02(24m), the definition of pollution 

control projects (PCPs). This provision 

was vacated by the D.C. Circuit Court. 

Therefore, WDNR is making its rules 

consistent with the Court’s decision. 

Section 12 

NR 405.02(25b), (25d), (25e), (25f)(a) 

and (25i) 

WDNR has established the definitions 

of, ‘‘Predictive emissions monitoring 

system (PEMS)’’, ‘‘PSD program’’, 

‘‘Project’’, ‘‘Projected actual emissions’’, 

and ‘‘Regulated NSR air contaminant’’. 

These definitions are consistent with 

§ 51.166(b)(44), (42), (51), (40), (49), 

respectively, of the federal rule. 

Section 13 

NR 405.02(27)(a)8., 17., and 18. 

WDNR has rescinded sections NR 

405.02(27)(a)8, 17, and 18. The 

pollutants Mercury, 

Chlorofluorocarbons and Halons are not 

regulated by the federal PSD rules. This 

is consistent with § 51.166(b)(23)(i) of 

the federal rule. 

Section 14 

NR 405.02(27m) 

WDNR has established the definition 

of ‘‘significant emissions increase’’. This 

is consistent with § 51.166(b)(39) of the 

federal rule. 

Section 15 

NR 405.025 

WDNR has established a provision 

that provides a detailed explanation of 

calculating increases in actual emissions 

from (1) existing emission units, (2) new 

emission units, and (3) new and existing 

emission units. This provision 

addresses actual emissions and baseline 

actual emissions. This is consistent with 

the ‘‘actual-to-projected actual 

applicability test’’ provisions that can be 

found at § 51.166(a)(7)(iv)(c), (d), and (f) 

of the federal rule. 

Section 16 

NR 405.16(3) and (4) 

WDNR has added language regarding 

sources that choose to use the actual-toprojected actual applicability test and 

do not trigger PSD. WDNR specifies 

recordkeeping and reporting 

requirements for all sources that elect to 

use the applicability test. The federal 

rules require a source to follow the 

recordkeeping and reporting 

requirements in this section if there is 

a ‘‘reasonable possibility’’ that a source 

may exceed the projected actual 

emissions. The ‘‘reasonable possibility’’

clause of this provision of the federal 

rule was remanded to EPA in the June 

24, 2005, DC Circuit Court ruling. State 

of New York et al. v. EPA, 413 F.3d 3 

(DC Cir. 2005). At this time, EPA has not 

responded to the remand order and this 

provision remains a part of the federal 

rule. See 40 CFR 51.166(r)(6). As 

Wisconsin’s requirement of 

recordkeeping and reporting for all 

facilities using the actual-to-projected 

actual applicability test is more 

stringent than the federal rule, we 

propose to approve this approach. 

Section 17 

NR 405.18 PALs in Attainment Areas 

NR 405.18(1) 

This portion of 405.18 outlines the 

‘‘APPLICABILITY’’ provision of PALs. 

This provision is consistent with 

§ 51.166(w)(1) of the federal rule. 

NR 405.18(2) 

This section of 405.18 outlines the 

‘‘DEFINITIONS’’ provision of PALs. The 

included definitions in this section are; 

‘‘Allowable emissions’’, ‘‘Major 

emissions unit’’, ‘‘PAL effective date’’, 


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19832 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 

‘‘PAL effective period’’, ‘‘PAL major 

modification’’, ‘‘PAL permit’’, ‘‘PAL 

regulated air contaminant’’, ‘‘Significant 

emissions unit’’, and ‘‘Small emissions 

unit’’. This section is consistent with 

§ 51.166(w)(2) of the federal rule. 

NR 405.18(3) 

This section of 405.18 outlines the 

‘‘PERMIT APPLICATION 

REQUIREMENTS’’ provision of PALs. 

This provision is consistent with 

§ 51.166(w)(3) of the federal rule. 

NR 405.18(4) 

This section of 405.18 outlines the 

‘‘GENERAL REQUIREMENTS FOR 

ESTABLISHING PALS’’ provision of 

PALs. This provision is consistent with 

§ 51.166(w)(4) of the federal rule. 

NR 405.18(5) 

This section of 405.18 outlines the 

‘‘PUBLIC PARTICIPATION 

REQUIREMENTS FOR PALS’’ provision 

of PALs. This provision is consistent 

with § 51.166(w)(5) of the federal rule. 

NR 405.18(6) 

This section of 405.18 outlines the 

‘‘SETTING THE 10-YEAR PAL LEVEL’’

provision of PALs. This provision is 

consistent with § 51.166(w)(6) of the 

federal rule. 

NR 405.18(7) 

This section of 405.18 outlines the 

‘‘CONTENTS OF THE PAL PERMIT’’

provision of PALs. This provision is 

consistent with § 51.166(w)(7) of the 

federal rule. 

NR 405.18(8) 

This section of 405.18 outlines the 

‘‘PAL EFFECTIVE PERIOD AND 

REOPENING OF THE PAL PERMIT’’

provision of PALs. This provision is 

consistent with § 51.166(w)(8) of the 

federal rule. 

NR 405.18(9) 

This section of 405.18 outlines the 

‘‘EXPIRATION OF A PAL’’ provision of 

PALs. This provision is consistent with 

§ 51.166(w)(9) of the federal rule. 

NR 405.18(10) 

This section of 405.18 outlines the 

‘‘RENEWAL OF A PAL’’ provision of 

PALs. This provision is consistent with 

§ 51.166(w)(10) of the federal rule. 

NR 405.18(11) 

This section of 405.18 outlines the 

‘‘INCREASING A PAL DURING THE 

PAL EFFECTIVE PERIOD’’ provision of 

PALs. This provision is consistent with 

§ 51.166(w)(11) of the federal rule. 

NR 405.18(12) 

This section of 405.18 outlines the 

‘‘MONITORING REQUIREMENTS FOR 

PALS’’ provision of PALs. This 

provision is consistent with 

§ 51.166(w)(12) of the federal rule. 

NR 405.18(13) 

This section of 405.18 outlines the 

‘‘RECORDKEEPING REQUIREMENTS’’

provision of PALs. This provision is 

consistent with § 51.166(w)(13) of the 

federal rule. 

NR 405.18(14) 

This section of 405.18 outlines the 

‘‘REPORTING AND NOTIFICATION 

REQUIREMENTS’’ provision of PALs. 

This provision is consistent with 

§ 51.166(w)(14) of the federal rule. 

NR 405.18(15) 

This section of 405.18 outlines the 

‘‘TRANSITION REQUIREMENTS’’

provision of PALs. This provision is 

consistent with § 51.166(w)(15) of the 

federal rule. 

Chapter NR 408—Nonattainment Major 

NSR Program 

Section 18 

NR 408.02(1) 

WDNR has established the definition 

of ‘‘Actual emissions’’. This is 

consistent with the definition in 

§ 51.165(a)(1)(xii) of the federal rule. 

Section 19 

NR 408.02(2m) 

WDNR has established the definition 

of ‘‘Baseline actual emissions’’. This is 

consistent with the definition in 

§ 51.165(a)(1)(xxxv) of the federal rule. 

Section 20 

NR 408.02(4), (5), and (11) 

WDNR has established the definitions 

of ‘‘Best available control technology’’

or ‘‘BACT’’, ‘‘Building, structure, facility 

or installation’’, and ‘‘Construction’’. 

These definitions are consistent with 

the definitions in §§ 51.165(a)(1)(xl), 

51.165(a)(1)(ii), and 51.165(a)(1)(xviii), 

respectively, of the federal rule. 

Section 21 

NR 408.02(11e), (11m) and (11s) 

WDNR has established the definitions 

of; ‘‘Continuous emissions monitoring 

system’’ or ‘‘CEMS’’, ‘‘Continuous 

emissions rate monitoring system’’ or 

‘‘CERMS’’, and ‘‘Continuous parameter 

monitoring system’’ or ‘‘CPMS’’. These 

definitions are consistent with 

§ 51.165(a)(1)(xxxi), (xxxiv) and (xxxiii), 

respectively, of the federal rule. 

Section 22 

NR 408.02(13) 

WDNR has established the definition 

of ‘‘emissions unit’’. This is consistent 

with the definition in § 51.165(a)(1)(vii) 

of the federal rule. 

Section 23 

NR 408.02(13m) 

WDNR has established the definition 

of ‘‘federal land manager’’. This is 

consistent with the definition in 

§ 51.165(a)(1)(xlii) of the federal rule. 

Section 24 

NR 408.02(20) 

WDNR has established the definition 

of ‘‘major modification’’. This is 

consistent with the definition in 

§ 51.165(a)(1)(v) of the federal rule. 

WDNR has also added the language for 

‘‘routine maintenance, repair, and 

replacement’’ under section NR 

408.02(20), which makes the rule more 

consistent with § 51.165(a)(1)(v)(C) of 

the federal rule. 

Section 25 

NR 408.02(21)(a)1.(Intro) 

WDNR has modified this paragraph so 

that ‘‘air pollutants’’ are now ‘‘air 

contaminants’’. WDNR’s rules are 

replacing ‘‘pollutants’’ with 

‘‘contaminants’’, and the criteria 

pollutants are referred to as; ‘‘NSR air 

contaminants’’. 

Section 26 

NR 408.02(23) 

WDNR has modified the definition of 

‘‘net emissions increase’’ to be more 

consistent with § 51.165(a)(1)(vi) of the 

federal rule. 

Section 27 

NR 408.02(24m) and (25s) 

WDNR has established the definitions 

for ‘‘nonattainment major new source 

review’’ and ‘‘plant-wide applicability 

limitation’’. These definitions are 

consistent with §§ 51.165(a)(1)(xxx) and 

§ 51.165(f)(2)(v), respectively, of the 

federal rule. 

Section 28 

NR 408.02(27) 

WDNR has rescinded the existing PCP 

provision, which is consistent with the 

federal rules. 

Section 29 

NR 408.02(28e), (28j), (28m), (28s)(a), 

(29m), and (32m) 

WDNR has established the definition 

of; ‘‘predictive emissions monitoring 


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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 19833 

system’’ or ‘‘PEMS’’, ‘‘prevention of 

significant deterioration permit’’ or 

‘‘PSD Permit’’, ‘‘project’’, ‘‘projected 

actual emissions’’, ‘‘regulated NSR air 

contaminant’’, and ‘‘significant 

emissions increase’’. These definitions 

are consistent with 

§§ 51.165(a)(1)(xxxii), 51.165(a)(1)(xli), 

51.165(a)(1)(xxxix), 51.165(a)(1)(xxviii), 

51.165(a)(1)(xxxvii), and 

51.165(a)(1)(xxvii), respectively, of the 

federal rule. However, as a small 

deviation to note, WDNR has chosen to 

refer to an NSR pollutant as an NSR air 

contaminant. 

Section 30 

NR 408.025 

WDNR has established a provision 

that provides a detailed explanation of 

calculating increases in actual emissions 

from (1) existing emission units, (2) new 

emission units, and (3) new and existing 

emission units. This provision 

addresses actual emissions and baseline 

actual emissions. This is consistent with 

the ‘‘actual-to-projected actual 

applicability test’’ provisions that can be 

found at § 51.165(a)(2)(ii)(C), (D), and 

(F) of the federal rule. 

Section 31 

NR 408.06(10) 

WDNR has established this provision 

consistent with § 51.165(a)(3)(ii)(J) of 

the federal rule, regarding the total 

increase in emissions resulting from a 

major modification. 

Section 32 

NR 408.10(5) and (6) 

WDNR has added language regarding 

sources that choose to use the actual-toprojected actual applicability test and 

do not exceed the significance threshold 

for any pollutant regulated by chapter 

NR 408. WDNR specifies recordkeeping 

and reporting requirements for all 

sources that elect to use the 

applicability test. The federal rules 

require a source to follow the 

recordkeeping and reporting 

requirements in this section if there is 

a ‘‘reasonable possibility’’ that a source 

may exceed the projected actual 

emissions. The ‘‘reasonable possibility’’

clause of this provision of the federal 

rule has been remanded to EPA in the 

June 24, 2005, DC Circuit Court ruling. 

State of New York et al. v. EPA, 413 

F.3d 3 (DC Cir. 2005). At this time, EPA 

has not responded to the remand order 

and this provision remains a part of the 

federal rule. See 40 CFR 51.165(a)(6). As 

Wisconsin’s requirement of 

recordkeeping and reporting for all 

facilities using the actual-to-projected 

actual applicability test is more 

stringent than the federal rule in that it 

applies to all sources and not just where 

there is a ‘‘reasonable possibility’’ that 

the source may exceed the projected 

actual emissions, we propose to approve 

this approach. 

Section 33 

NR 408.11 PALs in Non-Attainment 

Areas 

NR 408.11(1) 

This portion of 408.11 outlines the 

‘‘APPLICABILITY’’ provision of PALs. 

This provision is consistent with 

§ 51.165(f)(1) of the federal rule. 

NR 408.11(2) 

This section of 405.18 outlines the 

‘‘DEFINITIONS’’ provision of PALs. The 

included definitions in this section are; 

‘‘allowable emissions’’, ‘‘major 

emissions unit’’, ‘‘PAL effective date’’, 

‘‘PAL effective period’’, ‘‘PAL major 

modification’’, ‘‘PAL permit’’, ‘‘PAL 

regulated air contaminant’’, ‘‘significant 

emissions unit’’, and ‘‘small emissions 

unit’’. This section is consistent with 

§ 51.165(f)(2) of the federal rule. 

NR 408.11(3) 

This section of 408.11 outlines the 

‘‘PERMIT APPLICATION 

REQUIREMENTS’’ provision of PALs. 

This provision is consistent with 

§ 51.165(f)(3) of the federal rule. 

NR 408.11(4) 

This section of 408.11 outlines the 

‘‘GENERAL REQUIREMENTS FOR 

ESTABLISHING PALS’’ provision of 

PALs. This provision is consistent with 

§ 51.165(f)(4) of the federal rule. 

NR 408.11(5) 

This section of 408.11 outlines the 

‘‘PUBLIC PARTICIPATION 

REQUIREMENTS FOR PALS’’ provision 

of PALs. This provision is consistent 

with § 51.165(f)(5) of the federal rule. 

NR 408.11(6) 

This section of 408.11 outlines the 

‘‘SETTING THE 10-YEAR PAL LEVEL’’

provision of PALs. This provision is 

consistent with § 51.165(f)(6) of the 

federal rule. 

NR 408.11(7) 

This section of 408.11 outlines the 

‘‘CONTENTS OF THE PAL PERMIT’’

provision of PALs. This provision is 

consistent with § 51.165(f)(7) of the 

federal rule. 

NR 408.11(8) 

This section of 408.11 outlines the 

‘‘PAL EFFECTIVE PERIOD AND 

REOPENING OF THE PAL PERMIT’’

provision of PALs. This provision is 

consistent with § 51.165(f)(8) of the 

federal rule. 

NR 408.11(9) 

This section of 408.11 outlines the 

‘‘EXPIRATION OF A PAL’’ provision of 

PALs. This provision is consistent with 

§ 51.165(f)(9) of the federal rule. 

NR 408.11(10) 

This section of 408.11 outlines the 

‘‘RENEWAL OF A PAL’’ provision of 

PALs. This provision is consistent with 

§ 51.166(f)(10) of the federal rule. 

NR 408.11(11) 

This section of 408.11 outlines the 

‘‘INCREASING A PAL DURING THE 

PAL EFFECTIVE PERIOD’’ provision of 

PALs. This provision is consistent with 

§ 51.165(f)(11) of the federal rule. 

NR 408.11(12) 

This section of 408.11 outlines the 

‘‘MONITORING REQUIREMENTS FOR 

PALS’’ provision of PALs. This 

provision is consistent with 

§ 51.165(f)(12) of the federal rule. 

NR 408.11(13) 

This section of 408.11 outlines the 

‘‘RECORDKEEPING REQUIREMENTS’’

provision of PALs. This provision is 

consistent with § 51.165(f)(13) of the 

federal rule. 

NR 408.11(14) 

This section of 408.11 outlines the 

‘‘REPORTING AND NOTIFICATION 

REQUIREMENTS’’ provision of PALs. 

This provision is consistent with 

§ 51.165(f)(14) of the federal rule. 

NR 408.11(15) 

This section of 408.11 outlines the 

‘‘TRANSITION REQUIREMENTS’’

provision of PALs. This provision is 

consistent with § 51.165(f)(15) of the 

federal rule. 

Section 34 

NR 484.04(21) 

This section is amended by WDNR so 

that the performance specifications in 

40 CFR part 60, Appendix B, are 

incorporated by reference. Appendix B 

contains CEM performance 

specifications that are required by 

chapters NR 405 and NR 408. We 

propose to approve this provision into 

the SIP. 

Section 35 

NR 484.04(27m) 

This section was created by WDNR to 

incorporate by reference, 40 CFR part 

82, Subpart A, for the ozone depleting 

substance list that existed in the 


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19834 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 

Pollution Control Project provision that 

was in the original version of the rules. 

The Pollution Control Project provision 

has been vacated. However, this section 

will remain in the rules in case it is 

needed for reference in the future. We 

propose to approve this provision into 

the SIP. 

Section 36 

This section states the date rule AM–

06–04 becomes effective by WDNR. The 

date will be the first day of the month 

following publication in the Wisconsin 

administrative register. Also, WDNR 

will not publish the rule until EPA 

approves it. 

Section 37 

This section contains the date the rule 

is approved to be adopted by the State 

of Wisconsin Natural Resources Board. 

IV. What Action Is EPA Taking Today? 

EPA is proposing to approve into the 

Wisconsin State Implementation Plan 

(SIP) the revisions to WDNR’s PSD and 

Non-attainment NSR construction 

permits program submitted by WDNR 

on May 25, 2006. These revisions meet 

the minimum program requirements of 

the December 31, 2002, EPA NSR 

Reform rulemaking. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, September 30, 1993), this action 

is not a ‘‘significant regulatory action’’

and therefore is not subject to review by 

the Office of Management and Budget. 

Paperwork Reduction Act 

This proposed rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Regulatory Flexibility Act 

This proposed action merely proposes 

to approve state law as meeting federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule proposes to approve 

pre-existing requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a state rule 

implementing a federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

federal government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or is likely to have a 

significant adverse effect on the supply, 

distribution, or the use of energy, this 

action is also not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), 15 U.S.C. 272 

note, requires federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise impractical. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Absent a prior 

existing requirement for the state to use 

voluntary consensus standards, EPA has 

no authority to disapprove a SIP 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the Clean Air Act. 

Therefore, the requirements of section 

12(d) of the NTTA do not apply. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 11, 2007. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E7–7541 Filed 4–19–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0609; FRL–8302–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; New Source Review 

Reform ‘‘Linkage’’ Rule, Rule AM–32–

04b 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

as a revision to the Wisconsin State 

Implementation Plan (SIP) changes to 

the minor New Source Review (NSR) 

construction permit program and 

permits fees schedule, through rule 

AM–32–04b. The purpose of rule AM–

32–04b is to update Wisconsin’s minor 

NSR construction permit program to 

include changes to implement the new 

elements of the federal ‘‘NSR Reform’’

rules for sources that are exempt from 

major NSR permitting requirements. 

Rule AM–32–04b has been created to 

accompany the ‘‘NSR Reform’’ rules and 

is necessary to effectively implement 


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